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Understanding the Interplay Between the ADA and FMLA

What is the Americans with Disabilities Act (ADA)? The Family and Medical Leave Act (FMLA)? And how do they relate? Join us for this daylong seminar to get thorough answers to all of your questions, and prepare for working with the FMLA and ADA in your workplace. The program provides a comprehensive review of the requirements of both the ADA and the FMLA, and the relationship between the requirements of the two laws.

This class has been preapproved by the Society for Human Resource Management for 7 Professional Development Credits (PDCs) towards the SHRM-SCP or SHRM-CP.

This course can be applied to the Labor Relations Certificate.


Jason Kim, JD

Jason Kim, JD

Jason C. Kim represents employers in all aspects of labor and employment law. He defends employers in arbitration and litigation matters brought under a variety of employment-related statutes, including the Fair Labor Standards Act, Title VII, the Age Discrimination in ... read more

Who Should Attend

HR practitioners who work with the ADA and FMLA, as well as those new to the topic.

Course Outline/Topics

1.  Overview

2.  The Americans with Disabilities Act

a.  The ADA and ADA Amendments Act

i.  Disability

1.  Major Life Activity
2.  Substantial Limitations
3.  Mitigating Measures
4.  Reasonable Accommodation
5.  Undue Burden

ii.  Record of Disability

iii.  Regarded As Disabled

b.  Disabilities under the ADA

i.  HIV
ii.  Cancer
iii.  Obesity
iv.  Blindness
v.  Substance Abuse
vi.  Others

c.  Other Considerations

i.  Confidentiality
ii.  Direct Threat
iii.  Prohibited Medical Inquiries

1.  Medical Examinations

2.  Pre-Employment Testing

iv.  Association
v.  Retaliation or Coercion

3.  The Family and Medical Leave Act

a.  Eligibility

i.  Serious Health Condition

1.  Inpatient Care

2.  Continuing Treatment

ii.  Birth or Adoption/Foster Care
iii.  Servicemember Care
iv.  Leave for Qualifying Exigencies

b.  Leave Entitlement

i.  Continuous Leave
ii.  Intermittent Leave

1.  Scheduling Intermittent Leave

2.  Transfer to Alternative Position

iii.  Substitution of Paid Leave
iv.  Maintenance of Benefits

c.  Documentation

i.  Employer notice requirements
ii.  Employee notice requirements

1.  Call in policies

2.  Absenteeism

iii.  Medical Certification

1.  Authentication/Clarification

2.  Recertification

iv.  Fitness for Duty Certification

d.  Reinstatement Rights

e.  Key Employees

f.  Recordkeeping

4.  Overlap Between ADA and FMLA

a.  Serious Health Condition and Disability
b.  Medical Certifications, Inquiries and Confidentiality
c.  Leave Requirements
d.  Intermittent/Occasional Leave
e.  Reinstatement Rights
f.  Health Insurance
g.  Other Considerations

i.  Family Member Care
ii.  Pregnancy, Childbirth and Related Conditions

Dates and locations to be announced.